FOI 26.27 0059 Decision Notice of Decision | FOI release material

Our reference: FOI 26/27-0059 (LEXD 25541)

GPO Box 700 Canberra ACT 2601 1800 800 110 ndis.gov.au

31 August 2026

Meaz Right to Know

By email : foi+request-15037-b9f45342@righttoknow.org.au

Dear Meaz,

Freedom of Information request — Notice of Decision

Thank you for your correspondence of 1 July 2026, in which you requested access under the Freedom of Information Act 1982 (FOI Act) to documents held by the National Disability Insurance Agency (NDIA).

The purpose of this letter is to provide you with a decision on your request.

Scope of your request

You requested access to the following documents:

‑This request covers current and superseded documents available to NDIA staff at any

time from 1 January 2025 to the date of this request.

Please include SOPs, knowledge articles, practice guides, checklists, templates, training

material and decision-making guidance about:

use of the Early Childhood Guide, Early Childhood Intervention Guide or equivalent

early childhood planning guidance.

use of the Plan Conversation Support Tool (PCST) for children and early childhood

participants.

preparing, reviewing or adjusting draft budgets, budget breakdowns, support category

calculations and early childhood support calculations.

applying delegate discretion when approving, reducing or not including requested

early childhood supports.

recording declined, reduced or not included supports, including reasons and evidence

relied on.

explaining differences between requested supports, professional recommendations,

draft budget amounts and final approved plan funding.”

For each document, please include the title, version number,

approval/publication/effective date, last updated date, document owner, version history,

attachments and linked guidance.”

On the 10 July 2026 you have subsequently revised the scope of your request as follows:

I have reviewed the early childhood and budget documents already released. I exclude

those documents and seek only:

‑1. Understand the draft budget - Early Childhood Version

The current Plan Conversation Support Tool, including the version used for early

childhood participants, if different.

Record a declined support, or its current equivalent - Early Childhood Version

The Planning - Early childhood declined supports interaction template.

The current successor to the:

Early childhood planning note pad;

early childhood support-calculation worksheet; and

alternative-method calculation worksheet.

Guidance used to explain differences between professional recommendations,

requested supports, the draft budget and final approved funding.

Where a tool is maintained electronically, a blank export or screenshots showing its

fields and instructions will be sufficient.”

Extension of time

On 22 July 2026, you agreed to 30-day extension of time under section 15AA of the FOI Act, making 31 August 2026 the date by which to provide you with a decision on your request.

Search efforts

I have consulted with relevant NDIA staff in the Early Childhood Branch, Children’s Practice Branch (Service Guidance Engagement and Improvement Division) and Service Guidance the who could be reasonably expected to be able to identify documents within the scope of your request.

As a result of these searches, I have identified 6 documents, which fall within the scope of your request.

Decision on access to documents

I am authorised to make decisions under section 23(1) of the FOI Act.

grant access to 3 documents in full
grant access to 3 documents in part

Reasons for decision

In reaching my decision, I have taken into account:

your correspondence outlining the scope of your request
the nature and content of the documents falling within the scope of your request
the FOI Act
the FOI Guidelines published under section 93A of the FOI Act
relevant case law concerning the operation of the FOI Act
consultation with relevant NDIA staff and business areas
factors relevant to my assessment of whether or not disclosure of information would be in the public interest
the operating environment and functions of the NDIA

I have decided that some information will not be released as it comprises exempt information under section 47E of the FOI Act.: I have also determined that the release of some information would be contrary to the public interest, in accordance with section 11A(5) of the FOI Act.

A detailed statement of reasons for my decision can be found at Attachment B.

Release of documents

The documents for release, as referred to in the schedule of documents at Attachment A, are enclosed.

Additional Information

I have provided you with the agency copies for:

The current Plan Conversation Tool (Documents 2 &3)
Record a declined support (Document 4)

The Early Childhood Branch and Children’s Practice Branch (Service Guidance Engagement and Improvement Division) do not own copies of these documents as an Early Childhood version as requested.

Rights of review

Your rights to seek a review of my decision, or lodge a complaint, are set out at Attachment C.

Should you have any enquiries concerning this matter, please do not hesitate to contact me by email at foi@ndis.gov.au.

Yours sincerely

Rebecca (REM471)

Senior Freedom of Information Officer

Information Access and Privacy Branch

Reviews and Information Release Division

National Disability Insurance Agency

Attachment A

Schedule of Documents

FOI 26/27-0059

Document number	Page number	Description	Access Decision	Comment
1	1-21	EC Early childhood intervention supports guide V4.0 (CURRENT 06/04/2026)	PARTIAL ACCESS Exemption claimed: s47E(d) – certain operations of agencies
2	22	Plan Conversation Support Tool. Cover page. Date: 30 June 2026	FULL ACCESS	Document created under section 17 of the FOI Act
3	23-24	Plan Conversation Support Tool. Date: 30 June 2026	FULL ACCESS	Document created under section 17 of the FOI Act
4	25-32	KA - Record a declined support V5.0 Last update: 6 October 2025	FULL ACCESS
5	33-40	EC PEC – Capacity building – How to complete early childhood intervention supports questions-V3.0 Last update: 7 April 2026	PARTIAL ACCESS Exemption claimed: s47E(d) – certain operations of agencies

Document number	Page number	Description	Access Decision	Comment
6	41-58	EC Interpreting provider reports and recommendations V3.0 Last update: 7 April 2026	PARTIAL ACCESS Exemption claimed: s47E(d) – certain operations of agencies

Attachment B

Statement of Reasons

FOI 26/27-0059

Access to information not available in discrete or written form (section 17)

Section 17(1)(c) of the FOI Act provides that, to enable the release of information, an agency can produce a written document containing information which is not otherwise available in discrete or written form, in one of two ways. These are:

by using a computer to retrieve the information, and
by making a transcript from a sound recording.

We have been able to use a computer to produce documents containing some of the information you requested.

I have therefore treated your request as if it were a request for access to these documents in accordance with section 17(1)(c)(i) of the FOI Act.

Access to edited copies with exempt or irrelevant material deleted (section 22)

I have decided that documents 1, 5 and 6 contain material that is exempt from disclosure under the FOI Act, for the reasons set out below.

In accordance with section 22 of the FOI Act, I have considered whether it is possible to delete the exempt material from the documents and have concluded that it is reasonably practicable to do so. Accordingly, I have prepared an edited copy of the documents with the exempt material removed.

Documents do not exist (section 24A)

Section 24A of the FOI Act provides that an agency may refuse a request for access to a document if all reasonable steps have been taken to find the document, and the agency is satisfied that the document cannot be found or does not exist.

I am satisfied searches of relevant NDIA business systems have been conducted, using all reasonable search terms that could return documents relevant to your request. In addition, I have consulted with relevant NDIA staff in the Early Childhood Branch, Children’s Practice Branch (Service Guidance Engagement and Improvement Division) and Service Guidance who could be reasonably expected to be able to identify documents within the scope of your request.

Despite these search efforts, I am satisfied that the following documents referred to in your request could not be found or do not exist:

The current successor to the:

Early childhood planning note pad;

early childhood support-calculation worksheet; and alternative-method calculation worksheet.

I am satisfied that all reasonable steps have been taken to locate the documents you have requested and that the documents cannot be found or do not exist. I have therefore decided to refuse your request for access to the documents in accordance with section 24A(1) of the FOI Act.

Conditionally exempt information contrary to the public interest

Relevant law

Under section 11A(5) of the FOI Act, access to a conditionally exempt document under division 3 of Part IV of the FOI Act must be granted unless access to the document would, on balance, be contrary to the public interest.

I have refused access to information located in documents 1, 5 and 6 on the basis that the information is conditionally exempt information under section 47E(d) of the FOI Act, and that the disclosure of the information would, on balance, be contrary to the public interest.

Certain operations of agencies (section 47E(d))

Section 47E(a) of the FOI Act conditionally exempts a document if its disclosure would, or could reasonably be expected to, prejudice the efficient conduct of the proper operations of an agency.

Reason

Documents 1, 5 and 6 contain information relating to certain operations of the NDIA, specifically internal guidance materials that include example questions and responses for planning delegates including references to the NDIS Act and how to apply section 34b. These materials are intended to assist delegates in their decision-making processes regarding Early Childhood supports. The documents contain operational advice, technical guidance, and internal deliberations intended for use by Agency staff who possess the relevant contextual knowledge and expertise.

Sections of the internal guidance material provide examples and sample responses demonstrating how a planner may justify funding for intensive, medium, and low-level supports for children under nine years of age, and how intervention-based need criteria are assessed to determine the appropriate level of funding required. The guidance also includes capacity-building recommendations involving informal supports and health professionals, guidance on interpreting provider reports with example responses, and information on the application of the NDIS Act.

The release of this information could lead to the manipulation of evidence by providers, who may tailor reports and use specific language to align with funding criteria. This could result in unfair funding decisions, the over-allocation of supports, and increased risks to Scheme sustainability.

Disclosure of internal Agency information, particularly details on how responses to assessment questions correlate with funding outcomes, may enable providers to influence or manipulate information to maximise financial benefit. Such practices would undermine the integrity of the needs-based assessment framework by contributing to inappropriate resource allocation, where funding decisions are influenced by crafted evidence rather than a participant’s genuine support need.

Accordingly, I conclude that the relevant information contained in documents 1, 5 and 6 are conditionally exempt under section 47E(d) of the FOI Act.

Public interest considerations – section 47E

It is not enough that I have decided the documents contain information that is conditionally exempt under section 47E(d) of the FOI Act. I must also decide whether the public interest lies in favour of, or against, the release of that information.

Irrelevant factors

I have examined the irrelevant factors in section 11B(4) of the FOI Act, and I am satisfied I have not taken into account any irrelevant factor in reaching my decision.

Factors favouring disclosure

In favour of disclosure, I have considered the factors outlined in section 11B(3) of the FOI Act and I have determined that disclosure of the information would:

promote the objects of the FOI Act (including all matters set out in sections 3 and 3A)

inform debate on a matter of public importance

promote effective oversight of public expenditure

This is because providing access to documents held by the NDIA allows for increased scrutiny, discussion, comment, and review of government-held information.

I have also referred to the FOI Guidelines published under section 93A of the FOI Act, and I have determined that disclosure of the information could reasonably be expected to:

inform the Australian community of the NDIA’s operations
contribute to the administration of justice generally, including procedural fairness

I have decided to afford moderate weight to these 5 factors.

Factors favouring nondisclosure

The FOI Act does not list any factors weighing against disclosure. However, the inclusion of the exemptions and conditional exemptions in the FOI Act recognises that harm may result from the disclosure of some types of documents in certain circumstances.

The harm in disclosing the relevant information in question is that doing so could reasonably be expected to prejudice the ability of the NDIA to protect procedures for the proper and efficient conduct of NDIA operations. Any disclosure resulting in the prejudice of the effectiveness of the Agency’s operational methods and procedures would, or could reasonably be expected to, result in the need for the Agency to change those methods and procedures to ensure the future effectiveness and sustainability of the Agency and the Scheme/ protect the security and integrity of information held by the Agency.

The FOI Guidelines provides a non-exhaustive list of factors against access to information at paragraph 6.233. I have examined those factors, and I am satisfied that the disclosure of the information in question could reasonably be expected to:

prejudice the effectiveness of testing, examining or auditing methods or procedures
undermine the integrity of the Agency’s decision -making process
result in aggrieved members of the public using this information to seek to gain advantage over others
discourage the use of NDIA’s services

I have decided to afford significant weight to these 4 factors favouring nondisclosure.

Balancing the relevant factors

I am satisfied that the factors against disclosure of the information outweigh the factors in favour of disclosure and that, on balance, it would be contrary to the public interest to release this information to you.

With reference to the assessment above, I conclude that this information is exempt from release under section 47E(d) of the FOI Act.

Attachment C

Your review rights

Internal Review

The FOI Act gives you the right to apply for an internal review of this decision. The review will be conducted by a different person to the person who made the original decision.

If you wish to seek an internal review of the decision, you must apply for the review, in writing, within 30 days of receipt of this letter.

No particular form is required for an application for internal review, but to assist the review process, you should clearly outline your grounds for review (that is, the reasons why you disagree with the decision). Applications for internal review can be lodged by email to foi@ndis.gov.au or sent by post to:

Freedom of Information Section Information Access and Privacy Branch Reviews and Information Release Division National Disability Insurance Agency GPO Box 700 CANBERRA ACT 2601

Review by the Office of the Australian Information Commissioner

The FOI Act also gives you the right to apply to the Office of the Australian Information Commissioner (OAIC) to seek a review of this decision.

If you wish to have the decision reviewed by the OAIC, you may apply for the review, in writing, or by using the online merits review form available on the OAIC’s website at www.oaic.gov.au , within 60 days of receipt of this letter.

Applications for review can be lodged with the OAIC in the following ways:

Online: www.oaic.gov.au
Post: GPO Box 5218, Sydney NSW 2001
Email: enquiries@oaic.gov.au
Phone: 1300 363 992 (local call charge)

Complaints to the Office of the Australian Information Commissioner or the Commonwealth Ombudsman

You may complain to either the Commonwealth Ombudsman or the OAIC about actions taken by the NDIA in relation to your request. The Ombudsman will consult with the OAIC before investigating a complaint about the handling of an FOI request.

Your complaint to the OAIC can be directed to the contact details identified above. Your complaint to the Ombudsman can be directed to:

Phone: 1300 362 072 (local call charge)
Email: ombudsman@ombudsman.gov.au

Your complaint should be in writing and should set out the grounds on which it is considered that the actions taken in relation to the request should be investigated.